Building inspectors contest suspension

The two inspectors are accused of approving construction that failed to meet hurricane-safety standards

Lloyd J. Nelson IIIStaff Writer

Published: Saturday, January 16, 2010 at 6:01 a.m.

Last Modified: Saturday, January 16, 2010 at 12:46 a.m.

THIBODAUX — Two local building inspectors are contesting a proposed six-month suspension for allegedly signing off on homes or businesses that failed to meet the state's hurricane-safety standards.

Independent inspectors Delvin Portier and Karen Dillard have refused to accept the Nov. 19 decision made by the Louisiana State Uniform Construction Code Council. The board voted to suspend them for failing to follow state building codes when inspecting homes in Lafourche and Terrebonne parishes.

Phone calls to Dillard and Portier were not returned.

The Code Council voted Tuesday to go forward with a formal hearing process that will give the two inspectors and their attorneys a chance to argue their case, Administrator Marta Salario said.

On more than several instances, Portier and Dillard sent in plan reviews to the South Central Planning and Development Commission for businesses and homes that were not in compliance with the stiffer codes the state enacted after Hurricane Katrina, Salario said.

South Central Planning, a government-funded agency based in Gray, is charged with overseeing building inspections in its five-parish area. Contractors have the option of having the agency inspection new construction or can hire independent inspectors whose work is then reviewed by South Central Planning.

After South Central Planning let Portier and Dillard know of the problems, nothing was done, and construction continued, resulting in houses and commercial buildings that are not in compliance with state law, Salario said.

Michael Wich, certified building official, said both Portier and Dillard ignored South Central Planning's complaints for issues ranging from sprinkler systems and smoke alarms to engineered walls and safety fire walls.

“The rules are the rules and the laws are the laws,” said Ray Kothe, the Code Council's vice chairman. “The time has come after three years, either you abide by the law or you face the consequence.”

A compromise has been offered by attorneys representing Dillard and Portier, but details would not be revealed by Code Council officials.

The issue becomes bigger because of the number of third-party building inspections that occur in Lafourche.

More than 70 percent of the building inspections done last year in Lafourche were conducted by independent inspectors. That is, by far, the greatest share of any of the five parishes that make up the South Central Planning and Development Commission, a regional planning and government-research entity.

Some planning officials say the disparity is one of the main reasons more than 100 structures, including homes and businesses, in Lafourche are out of compliance with state building codes.

Seven of 10 inspections done by independent inspectors miss major issues that result in code violations, officials with South Central Planning and Development say,

“These are not small items,” said Michael Wich, a certified building official with South Central Planning. “These are major structural or electrical issues.”

However, contractors and third-party inspectors say those numbers are completely fabricated. They say South Central wants an monopoly on inspections and the revenue generated from permit fees.

“Why is there this level of distrust?” local contractor Lea Rutter said. “Those without sin, cast the first stone. And nobody is without sin out there.”

From Jan. 1 to Sept. 9, 2009, Lafourche used independent inspectors 73 percent of the time, a total of 456 inspections.

In Terrebonne, the next highest user of independent inspectors among South Central Planning members, independents handled 2.49 percent of inspections, a total of 99.

Assumption uses independent inspectors for 2.28 percent of inspections, St. John 1.54 percent and St. James less than 1 percent.

The numbers come from South Central Planning's database on all inspections done throughout the five parishes the regional planning entity oversees, Wich said.

“Contractors are choosing third-party inspectors,” Lafourche Parish President Charlotte Randolph said. “That's their prerogative. But it's a constant fight with South Central. They always resented the fact that there are third parties.”

Staff Writer Lloyd J. Nelson III can be reached at 448-7639. or lloyd.nelson@dailycomet.com. Follow him on Twitter @GovReporter.

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